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CIRCULAR

Amending and supplementing a number of provisions of the culture and information Ministry's Circular no. 43/2003/TT-BVHTT of July 16, 2003, guiding the implementation of the Government's Decree no. 24/2003/ND-CP of March 13, 2003, detailing the implementation of the advertisement Ordinance

Pursuant to November 16, 2001 Ordinance No. 39/2001/PL-UBTVQH10 on Advertisement;

Pursuant to the Government's Decree No. 24/2003/ND-CP of March 13, 2003, detailing the implementation of the Advertisement Ordinance;

Pursuant to the Government's Decree No. 63/2003/ND-CP of June 11, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Culture and Information;

The Ministry of Culture and Information promulgated on July 16, 2003 Circular No. 43/2003/TT-BVHTT to guide the implementation of the Government's Decree No. 24/2003/ND-CP of March 13, 2003, detailing the implementation of the Advertisement Ordinance. In order to respond to the present situation, the Ministry of Culture and Information hereby issues this Circular to amend and supplement a number of provisions of Circular No. 43/2003/TT-BVHTT as follows:

1. To amend and supplement Point c, Clause 2, Section II:

"c/ Additional specialized advertising pages or supplement must be distinctively numbered, of the same size and published together with the principal newspapers.

The first page of additional specialized advertising pages or supplement must be clearly printed with the following information:

- Below the masthead showing the name of the press agency, there must be the line: "Additional specialized advertising pages (or supplement) are or is not calculated into selling price;

- Permit No. ', dated'., of the Ministry of Culture and Information."

2. To amend and supplement Clause 6, Section II:

"6. Advertisements for such goods as sanitary napkins, condoms, skin disease medicines, vermifuge, or feminine liquids are stipulated as follows:

a/ Advertisements shall not be carried on radio or television from 18 hours to 20 hours every day;

b/ Outdoor advertisements must comply with approved plannings regarding locations, sizes and quantities of advertising products."

3. To amend and supplement Clause 7, Section II:

"7. Advertisements on publications:

a/ Advertisements in video tapes or discs; audio tapes or discs (other than publications of publishing houses) must be permitted by agencies competent to grant permits for distribution of such recorded programs and not exceed 5% of the total time volume of such programs.

b/ Advertisements for goods trading or service provision in catalogs, leaflets and other printed products must clearly show the names and addresses of advertisers, the printed quantities and places of printing."

4. To amend and supplement Clause 9, Section II:

"9. Advertisements at festivals, conferences, seminars, art performances, cultural exchange activities, physical training and sport competitions or entertainment television programs shall not require permits but must observe the following provisions:

- For advertisements on stage backdrops: If advertising products of sponsors are hung, placed, stuck, fitted on stage backdrops, there must also be the names and logos of such programs according to the provisions of Article 13 of Decree No. 24/2003/ND-CP.

Where such activities are financed by only one sponsor, the number of advertising products to be hung, placed, stuck or fitted must not exceed two; for activities financed by more than one sponsor, each sponsor may hang, place, stick or fit only one advertising product.

b/ Apart from advertisements on the stage backdrop provided for at Point a of this Clause, each sponsor may hang, place, stick or fit no more than one advertising product on the stage."

5. To amend and supplement Clause 12, Section II:

"12. Organizations and individuals advertising their goods or service trading activities through means of advertisement must produce documents defined in Article 17/2003/ND-CP to advertisement service providers or advertisement distributors.

For advertisements for sale promotion programs, documents of an agency in charge of state management over trade certifying the contents of sale promotion programs must be produced according to the provisions of law on commercial activities.

6. To annul Clause 13, Section II.

7. To amend Clause 1, Section III:

"1. Dossiers of, and procedures for, application for the issuance of additional specialized advertising pages or supplement of newspapers or magazines or for the opening of a specialized advertising channel or program by radio or television stations:

a/ Press agencies wishing to issue additional specialized advertising pages or supplement or open a specialized advertising channel or program must send application dossiers to the Press Department (the Ministry of Culture and Information). A dossier of application comprises:

- An application for permit for the issuance of additional specialized advertising pages or supplements or for the opening of a specialized advertising channel or program (made according to a set form);

- Opinions of the managing agency (if any);

- Legally valid copy of the press activity permit, issued by the Ministry of Culture and Information.

b/ Within 30 working days after receiving complete and valid dossiers, the Press Department shall consider and grant to press agencies permits for the issuance of additional specialized advertising pages or supplement or for the opening of a specialized advertising channel or program; in case of refusal, the Press Department must reply in writing, clearly stating the reasons therefor.

c/ Within 7 working days after granting permits for the issuance of additional specialized advertising pages or supplement or for the opening of a specialized advertising channel or program, the Press Department must send copies thereof to the Culture and Information Services of the provinces or centrally-run cities where the press agencies concerned are headquartered."

8. To annul Point e, Clause 3, Section III.

9. To amend Point g, Clause 3, Section III:

"g/ For advertisements for sale promotion programs, there must be documents certifying the contents of sale promotion programs, issued by an agency in charge of state management over trade according to the provisions of law on commercial activities.

In case of application for extension of the advertisement duration (without changes in content, form, location or size), applications must be submitted together with the already granted advertising permits."

10. This Circular takes effect 15 days after its publication in "CONG BAO."